Judge: Blaine K. Bowman, Case: 37-2022-00023211-CU-FR-NC, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 11, 2024

01/12/2024  10:00:00 AM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2022-00023211-CU-FR-NC MCCALLUM VS STELVIO TRANSPORT LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/30/2023

The Motion to Overturn Ruling Granting Defendant Stelvio Transport, LLC's Motion to Set Aside Entry of Default brought by plaintiff Carey McCallum (Plaintiff) is DENIED on procedural grounds for lack of notice.

In order to be heard, a formal noticed motion must be properly served on all parties in the case. (See Code of Civil Procedure § 1005(b).) Proof of service documents must be filed at least 5 days prior to the hearing date. (California Rules of Court, 3.1300(c); see also Weil and Brown, California Practice Guide: Civil Procedure Before Trial (The Rutter Group, 2023) ¶¶ 9:15.1 and 9:86.1, et seq.) The instant motion is not accompanied by a proof of service to indicate that defendant Stelvio Transport LLC (Stelvio) received notice of the hearing.

Additionally, the motion does not specify legal authority or grounds for the 'overturning' of a prior ruling.

Even if the Court were to construe the motion as a motion for reconsideration under Code of Civil Procedure § 1008, the motion does not appear to comply with either the procedural requirements for bringing such a motion or raise any persuasive arguments that would warrant reconsideration on substantive grounds.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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